The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1887-12-01
HEAD NOTES To DECISIONS OF THR
SUPR EMR COURT OF FLORIDA.
L. Montgomery, Appellant, VS.. w. NJ. Knox.
Appellee -AiaehuA County

MAAN ELL, - j
In libel any language published Ut person
iha, tends 10 degrade him, or to hr'ng him into
iii rcpu'r. or 10 destroy the confidence OF his
nc'ghbofs in his integrity, ar to cause other Ike
injury. i aclionable PR sc.
2 HI. published IT h. this " We have recent
~ been defending sui. brought against this AS
ISOLATION hy "A citizen III N,ancpy. who Lost his
stock % goods by fire during last October. There
were circumstances which satisfied The board of
directors that The fire was not accidental conSe-
Qurn'ly we did uoi feel that we bud the
night la assess the members of this association
10 pay what We had reason 10 believe a irautu-
len, loss " H>d, That ia declaration IN libel
with n count OF This language containing proper
coil, quinn and innnenio As 10 its being of aud
concerning X AID Gs 10 his connection with the
suljeCt maiitr, - Sufficient.
g. Il Is objection u "A declaration in libel
hat The hbcllous matter docs 30, charge
crime; nor where such matlcr is actiouahle per
&c. that special damsge Is moi alleged.
T. Under oor sta u'e ii is error 10 permit
parTy 10 prove thu his witness has made state
mentS bt.>le inconsistent win bis present state.
meats, unless dariog his examination the cir
cnmstances and The location of his former state.
m"'l's have been hrpIrhi IL lis ai'rDlDn.
g. In lbtl, under pi.'a OF not gully, il is ad-
nv s.nc 'or deicnd4n Ia prove. N ms. alton of
damages, 'hat lhcrc mas n general suspicion and
urici .! The truth ~ NE pnh shell charge and
n'ier y ps %! privileged pu'.iicr i'm. such cvi
ecpc. Is admissible rs per lneAt 10 thu Question
OF exp ess malice.
As lei 80 il goes but wAn'iug in iuIln.<. will noI
b" tcl' chi c'innahe in his court, where il ap
pesr. that The del. CT ~as afterwards cured Ivy in
sircc'ons given by the cour, at the request OF
Council.
|. /. NOT errer in libel case to charge the
ur> th.t II they are sdS1t 4 She puhicstien was
inside i-orn III will" meaning express malice,
hey may end exemplary or punitive damages
to euch amnunt ss The fscts and circumstances
in evidence may ju.tty.
g. 1t Was error in This case ~ instruct the Jury
that Il they found the libel false ara without
probable car'e, that was evidence Of express
malice to warrant verdict FOR plaintiff awarding
Exemplary damages Want OF probable cause has
Aothinf 70 90 7-it libel cases. Ifthe belief which
prompted The publication VAS 40 unreasonable
one. thai and falsiy did not necessarily imply ex
press malice; but were facts TO be len to the
jury along with others 1t WAS their province
TO decide upon the sufflciency Of the vdeuce 10
show express malice
s. 4 publication in regard to business made
by Que having interest therein, and only TO
others also having an interest is privileged and
the pr vlc2c furnishes a good defence in a suit
tor libel, unless il car BE- shown that the publ
cllon was made from express malice. in which
case me rrivi''ge does not avail. Bn' publ
eaton to others tnan those interested would moi
b privileged
in ig'nc"i reversed nd uew trial granted.
Taytor ( San.hrz FIR App liant Ashhv
Scott 4 Ihros'cr. lor Appellee.
Pan'ka an Ir,ii,u Rvo7 Railroad Company
PltlYii II Er:>r, y. The State OF Florida
Dfar ant in ErrorPutnam county.
RAEEy, J.:
/. Motions t.. new trial Or in arrest Of judg
,ncnt Cannot be made after the term OF the cur!
II vhi h he trni was had.
2 M agreement hctweeb parties OF counsel
IS % a tra OF caN,e is OF any effect before The
court uni "a he evidence Of i; IL in writing and
subscribed hv 'he party, or HE attorney against
whom 1t il nlt 2nt, OF !. made in open court and
noted hv the judge in his minutes. Com. Law
Rule, 49,
rhc statutes of this S,hte prescribing tho
powers ard duties Of railroAd companies AZ to
highways, Go rot affect the mica OF pleading
controlling Indictments Tor obstrncting high
way, further than n require that the act charged
q D. snoh obstruction ,ha appear 20 be An act
which IS rot authorized by qNch sta'ucs
T. The allegation in an Indictment shat the
roa9 descr1had was and i."a common highway
in Puinsln county made ard la5 ont for The
| ,%opie CT mis- STATE to go, return and pass a,
iter free pleasure and will on foot, On horse
back AM II vehclcs.' is equivalent 10 an alie
| cation thai The road was Ard is IN established
| highway" under :hc statute pnnish'ng the Oh.
way and providing Tor the removal of the Oh.
structon
). Where a. Indictment against railroad
company uaGer 'he above stainte sbowsa com
n:cc obstruction Of the highway against travel
80 rs g. prove ct The people from travelling the
same 1t - good IN law. No snch privilege is
gwen hy thc stsin'cs 70 railroad commands
An Indictment, against = railroad rompany
TOR consi'nc'lrg liz rDad across or upon high
way al point onsidc Of the authorized route
81 he railroad sbou.d aflrmaively show that
| The railroad ia outside of such route
7. A grant to railroad company of the rjshi
10 construct i's road along upen or across. or To
use al existing highway, is no, 10 he construed
"a power to destroy the highway. This is the
| rule OF Construction unless the language Of the
! grant is such ~ 10 show unInistakabjy An inten
ton IN grant such power
A grant Of the power 10 cut through a high
way u, 10 The absence Of An express provision to
| the contrary, implicitly attended by An oblip,.
lion 10 furnish !" the public safe crossing.
y. oar salute does not give to railway com.
pAnee NE power TO construct their roads acroee
OF along hiSh"ays in such q manner AZ to block
! W and permanently ob.truct the same 20 that
| II csnno; be used hy The public while The trains
nFe ner'nef passing over it nor otherwise prop
| efiv using their tracks
10. The provlsioas Of the statute including those
| as to carry'nGa highway which may be touched
ln'c'htc'ed or crossed by railroad l. nder or over
l. The raiifcad trsck az may be found most expcdi
| ent fer the public good" and a. to making a
change IN the line Of the highway where An en-.
ohkmen or cut cals for it, or il il desirable with
awe" 70 more easy ascent or descent and the
grant OF authority to the railroad company to
acquire additiona! land for the conjunction Of
the road or highway on the new line, wero in
tended to preeerve 10 the public the old highway
on the original surface or on n new surface or a
new highway on The new line
IL. | he meaning nf these rlroveiopo l., a.
as they relate 10 the manner OF the construction
Of The railroad independent Of any Questions
which may hr'e ns 10 the use or operation of in
IS nothing more than that when the condi.
tions o. LOCALITY or Typography are such iha; the
railroad hhd highway cannot cross or intcreect
OF the same surface, the railroad COMPANY mnv
pass i,c highway over the railroad or under &C.
co'iing ~ the former or latter shall be more for
The rnollc good! and, furthermore, if i, be that
the conditions are snch as not to permit consist.
e ty with its practical use the grading of the
highway 20 the level Of The railroad cut or EN-.
hankment, TO authorize detour or change in
the rome Of the highway
r. THIS new route or detour in the highway
after being established upon land to be ACQUIRED
by The company. i. 10 he maintained as other
pm lie highways and 10 be open as public bph.
WAY, and not a. privae road of The company.
13 The power given by the statute to The
company when its road ntersects or crosses A
highway iHcludee The power 10 alter the grade of
he highway provided ii il 80 done as not 10
substantially impair the usefulness of the hiSh-
way.
a. If there be cut or emhankment and the
level Of the highway i. graded down or up to the
surface Of the railroad track in such cut or on
such embankment, and this is done ip such